Justice balance as a criterion of lawful intervention in the ownership of legal entities in the practice of the European Court of Human Rights
Journal Title: Альманах міжнародного права - Year 2018, Vol 20, Issue
Abstract
The article analyzes justice balance as a criterion for the lawful intervention in the ownership of legal entities. This analysis is based on decisions of the European Court of Hu man Rights. In order for intervention in property to be permissible and lawful, it must express a legitimate aim in the interests of society, but at the same time there must also be a reasonable justice balance between the means and the purpose to be achieved. It is necessary that this balance be ensured by the requirements of general interest and the requirements of protecting the funda mental rights and interests of individuals and legal entities. The issue of justice balance is crucial in many cases in protecting the rights and interests of legal entities by the Court. The characteristic of balance, as illustrated by the Court's practice, should be determined not only by the presence or absence of violated rights to property, the presence of intervention in property in the form of control or deprivation, but also the “wide discretion” of the state by the competent authorities, to ensure the interests of a society or common interests, the importance of which is actualized and maintained only by the state. Justice balance should exist only in combination with other charac teristics of lawful intervention with the property (legality, the presence of public interest), and not solely to lawful this interference. The author focuses on the fact that the violation of the interfer ence in the ownership of legal entities is confirmed by the failure to adhere to a justice balance by the state.
Authors and Affiliations
А. М. ІВАНИЦЬКИЙ
Keywords
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